The Supreme Court of the United States declined to hear an appeal of a court decision that held that the Food and Drug Administration (FDA) has the authority to reject flavored e-cigarettes.
The case was brought by a coalition of industry groups and vape buyers who argued the agency lacked the authority to reject flavored e-cigarettes. The groups argued the FDA’s policy of banning flavored e-cigarettes was an example of an overly broad application of the agency’s authority.
However, in the court’s decision, Justice Clarence Thomas wrote that the FDA has authority to reject flavored e-cigarette products that do not meet the agency’s standards of safety and efficacy. He stated that the FDA has a valid interest in assuring that flavored products marketed to children do not increase the risk of addiction.
The Supreme Court’s decision is a victory for the Trump administration, which sought to crack down on e-cigarettes in an effort to reduce underage vaping. It is also a decision that recognizes the FDA’s authority to regulate e-cigarettes as a tobacco product.